Hull On Estates

During Hull on Estates Episode 31, we discussed contingency fees in the context of estate ligitation including the fact that Ontario is now allowed to have contingency fee agreements, what a contingecy fee is, the risk involved in taking a contingecy fee, how disbursements are handled in a contingency fee agreement, fees and the percentage that is taken and what provisions should be included in a contengency fee ageement to make it binding.  

During Hull on Estates Episode 30, we discussed security for costs motions including the concepts involved in security for costs motions and when the Courts will award security for costs motions.  We also discussed Rule 57 of the Rules of Civil Procedure in respect to costs and Rule 56 of the Rules of Civil Procedure in respect of security for costs motions.

During Hull on Estates Podcast #29, Ian Hull and Jordan Atin, Senior Associate Counsel at Hull and Hull LLP, spoke with Kate Morgan, President of Podwise Social Media Inc. to discuss the concepts of Social Media and how they are relevant to the growth and success of law firms and small businesses.

During Hull on Estates Episode 28, we discussed solicitor's negligence and the type of claims that can arise in Estate Litigation, prevention of claims and the importance of making an early report of a claim to LawPRO.

During Hull on Estates Episode #27, we continued our discussion on the compensation of an estate trustee, including the pre-taking of compensation and the exclusion in Section 61 of the Trustee Act regarding fixing compensation in the instrument creating the trust.

During Hull on Estates Episode #26, we discussed the compensation of an estate trustee.

During episode #25 of Hull on Estates, we discussed the expansion of social media and its effect on business development. We also discussed the principal concepts found in Chris Anderson's book, . We have blogged extensively about this innovative book, so if you would like more information, please visit our blogpage at  .

In Episode #24, we discussed the issue of disclosure of information by trustees to beneficiaries. We referred to the cases of O'Rourke v. Derbyshire, [1920] A.C. 581 (H.L.); Re Ballard Estate (1994), 20 O.R. (3d) 350 (O.C.G.D.); Fox v. Fox Estate (1996), 10 E.T.R. (2d) 229 (Ont. C.A.); and an article by David Steele, "Beneficiary's Right to Know", 4th Annual Estates and Trusts Forum, LSUC.

During Hull on Estates podcast #23, we discussed the tips for and the pitfalls of bringing motions for summary judgement in estate litigation.

During Episode #22 of Hull on Estates, we discussed summary judgment in general and in the context of estate litigation. More specifically, we looked at the cases of Straus v. Bainbridge (1999), 38 E.T.R. (2d) 110 (Ont. Gen. Div.); affirmed 38 E.T.R. (2d) 119 (Ont. C.A.), Ostreich v. Brunnhuber (2001), 38 E.T.R. (2d) 82, Knox v. Trudeau (2001), 38 E.T.R. (2d) 67 and the Ettorre Estate, Re (2004), 11 E.T.R. (3d) 208 (Ont. S.C.J.).

During Hull on Estates Episode #21, we discussed the conditions which can lead to a Will challenge and the steps of the Estate litigation process.

During Hull on Estates Episode 20, we discussed costs awards and estate litigation. We also analyzed the case of Ali v. Fruci, [2006] O.J. No. 1093 (S.C.J.); [2006] O.J. No. 1425 (S.C.J.) and the case of Andersen v. St. Jude Medical, Inc. [2006] O.J. No. 508 (Div. Ct.). 

During Hull on Estates Episode 19, we reviewed three themes which have an impact on the decision of costs in the estate: 1) An appropriate level of investigation 2) Protection of sanctity of the process 3) Testator conduct Capacity litigation and the passing of accounts were also reviewed and the case of Ali v. Fruci ([2006] O.J. No. 1093) was introduced.

In Hull on Estates Episode #18, we discussed security for costs in the area of estate litigation, focusing on the role of contingency fees.

During Hull on Estates Episode #17, we discussed the question of costs in Estate Litigation, the British experience regarding costs and the case of Carapeto v. Good, [2002] WTLR 1305, [2002] EWHC 640 (Ch.) 

During Hull on Estates Podcast #16, we discussed the case of Harrison v. Fallis, a recent decision of Madam Justice Eberhard dated June 12, 2006.  

In Hull on Estates Episode 15, we added some commentary to our last podcast on the Leskun v. Leskun decision, and then examined the recent Alberta Queen's Bench decision in Popke v. Bolt, [2005] A.J. No. 999; Serdahaley Estate (Re), [2005] A.J. No. 16201.

During Hull on Estates Episode #14, we discussed the recent Supreme Court of Canada's decision in Leskun vs. Leskun dealing with spousal support and considered how it might affect the Estates bar.

In Hull on Estates Episode #13, we discussed costs in Estate litigation.

In Hull on Estates Episode 12, we continued with our discussion of Scott v. Cousins and, in particular, the court's analysis of the Burden of Proof and Undue Influence.